Two Alexander brothers face new charge as trial approaches

Oren Alexander and Alon Alexander were charged with sexual abuse by physical incapacitation, according to a superseding indictment.

Two of the three Alexander brothers pleaded not guilty a new count added to an 11 count indictment against them and their brother on Tuesday, weeks before their federal sex trafficking trial is set to begin.

Oren Alexander, 37, and twin, Alon Alexander, were charged with sexual abuse by physical incapacitation, according to a superseding indictment filed in federal court Monday.

The indictment states that around January 2012, the twins engaged in a sexual act with a woman "while she was physically incapable of declining participation" while aboard "a Bahamian flagged cruise ship which departed from and arrived in the United States."

In addition to the new charge, Oren Alexander, Alon Alexander and their older brother Tal Alexander, 38, were charged with 11 counts of conspiring over a decade to drug, sexually assault and rape dozens of women in Miami, New York, the Hamptons and other high-end locales.

Tal Alexander and Oren Alexander are prominent real estate brokers, selling luxury properties in Miami and New York City. Alon Alexander is an executive at a private security company owned and operated by his family.

Prosecutors have accused the three brothers of working together and with others to repeatedly and violently drug, sexually assault and rape the women.

At times, according to the indictment, the brothers arranged for sexual assaults in advance, using the promise of luxury experiences, travel and accommodations to lure women to different locations. The women were sometimes raped and sexually assaulted, at times by multiple men, including one or more of the Alexander brothers, according to the indictment.

The brothers have each pleaded not guilty to all of the other counts, as well. A lawyer for the brothers, Marc Agnifilo, declined to comment Tuesday.

Shlomi and Orly Alexander, the parents of the three men, defended their sons.

“Our family has been living with this ordeal since allegations first appeared in civil lawsuits and were widely publicized long before any criminal charges were filed, and the toll has been deeply painful,” they said in a statement. “We believe our sons are innocent and hope that they are judged solely on the evidence presented in court, free from speculation or public narrative.”

Much of Tuesday's hearing dealt with logistics of the upcoming trial, including the jury questionnaire and whether certain alleged victims would be able to testify under a pseudonym to protect their identity.

Judge Valerie Caproni became exasperated at one point as both sides quibbled over wording of a particular jury question saying, "I think most people feel that if a guy puts his hand on a girl where she doesn’t want it, that’s sexual assault."

Defense attorney Teny Geragos complained to the judge that prosecutors were not providing certain material in a timely fashion, including videos and photos from witnesses and co-conspirators.

Prosecutors said that they have a number of FBI agents working on the case and they’re doing the best they can.

Caproni wasn't convinced, arguing that the Justice Department should have the ability to reallocate its resources to the Alexander brothers’ case from other high profile matters, referencing the Jeffrey Epstein case, as an example.

The three brothers appeared in court Monday morning after Oren Alexander and Alon Alexander were rearrested on the new count.

All three remain in custody at the Metropolitan Detention Center in New York City as they await trial.

Jury selection will begin Jan. 20 with the trial set to start Jan. 26.